HomeMy WebLinkAbout1979-04-26 - Resolution No. 79-21RESOLUTION NO. 79-21
A RESOLUTION OF YORBA LINDA COUNTY WATER DISTRICT
AUTHORIZING AND DIRECTING THE CONDMINATION OF
CERTAIN PEAL PROPERTIES IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR
WHEREAS, the Yorba Linda County Water District
(District herein) is authorized by virtue of the statutes of
the State of California to take properties by condemnation
and to hold, use and enjoy said properties as necessary to
full exercise of its power; and
WHERE-AS, District is specifically authorized by virtue
of Water Code Section 31040 to take by condemnation property
necessary to carry on the business of the District; and
WHEREAS, all persons whose names and addresses appear
on the last equalized assessment roll for the properties
described herein were given notice and an opportunity to be
heard pursuant to Code of Civil Procedure Section 1245.235;
and
WHEREAS, a public hearing was held by District on
April 26, 1979, at which the matters set forth in Code of
Civil Procedure Section 1240.030 were discussed, including
the following matters:
(a) Whether the public interest and necessity
require the project;
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(b) Whether the project is planned and located in
the manner that will be most compatible with
the greatest public good and the least private
injury; and
(c) Whether the properties sought to be acquired
(which are described herein) are necessary for
the project.
NOW, THEREFORE, the Board of Directors of the Yorba
Linda County Water District hereby does resolve and find as
follows:
Section 1. That the Board of Directors, pursuant to
Water Code Section 31040 and Code of Civil Procedure Sections
1240.010, 1240.110, 1240.120, 1240.125, 1240.320, 1240.330,
1240.350, 1240.410, 1240.420, 1240.510 and 1240.610, is empowered
to condemn any property necessary to carry out the business of
the District. The Board finds that the acquisition of the here-
in described properties is necessary to advance the business of
the District of supplying water to persons within its jurisdic-
tion by constructing a water transmission line, together with
related appurtenances and facilities thereto.
Section 2. That the Board of Directors of the District
does hereby find and determine that the public interest and
necessity require for public use the acqusition of the real
properties herein described. The Board further finds that the
public interest and necessity further require the proposed
project which consists of the construction, completion, operation
and maintenance by said District, of certain public improvements,
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to wit: A water transmission line, together with related
appurtenances and facilities thereto. The Board further finds
that the real property described herein which is located outside
the territorial limits of plaintiff is sought to be acquired for
water supply purposes pursuant to Code of Civil Procedure Section
1240.125.
Section 3. Where any parcel of real property or interest
in property described herein being acquired is already appropri-
ated to a public use and the District acquisition, construction
and maintenance of its public facilities as described herein is
a compatible use, the Board of Directors of the District does
hereby find and determine that the public interest and necessity
require the acquisition of such property or interest in property
for such compatible use purposes. The Board further finds and
determines that the District's proposed use will not unreason-
ably interfere with or impair the continuation of the public use
as it now exists or may reasonably be expected to exist in the
future. Such acquisition shall be made pursuant to the powers
and provisions of Code of Civil Procedure Section 1240.510.
Such parcels of property or interest in property are specifically
identified in the descriptions attached hereto.
Section 4. Where any parcel of real property or interest
in property described herein is devoted to a public use and the
use for which the property is to be taken herein is a more neces-
sary public use than the use to which the property is now appro-
priated, the Board of Directors of the District does hereby find
and determine that the public interest and necessity require the
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acquisition of such property. The Board further finds and deter-
mines that its proposed use is a more necessary use than the use
to which the property is now appropriated. Such acquisition
shall be made pursuant to the powers conferred by Code of Civil
Procedure Section 1240.610. Such parcels of property of interests
in property are described in the descriptions attached hereto.
Section 5. That the properties described herein are
necessary for the proposed project, that the public interest re-
quires the proposed project and that the project is located in a
manner most compatible with the greatest public good and least
private injury. A description of the general location and extent
of the properties to be taken with sufficient details for reason-
able identification, together with the specific description of
each parcel, are set forth in Exhibit "A" attached hereto and by
this reference incorporated herein as though set forth at length.
Section 6. That the interest(s) to be acquired in the
real property is described in the description of each parcel set
forth in Exhibit "A".
Section 7. In the event negotiations for the purchase
of the properties described in Exhibit "A" are unsuccessful, the
law firm of Rutan & Tucker, Attorneys at Law, counsel for the
District is hereby directed to bring action in the Superior Court
of the State of California in the name of the District, to con-
demn by eminent domain proceedings, these properties. Said
attorneys or any one of them, are authorized and, upon instruc-
tion by the Board, shall make an application to said court for
an order fixing the amount of security by way of money deposits
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as said court may direct and for an order permitting the District
to take immediate possession and use of said real properties for
the uses and purposes herein described.
Section 8. The law firm of Rutan & Tucker is hereby
empowered to incur, in the name of the District, all obligations
and expenses incidental to the purposes of bringing and litigat-
ing such action.
PASSED AND ADOPTED by the Board of Directors of the
Yorba Linda County Water District at a regular meeting held on
the 26th day of April, 1979.
PR SIDE09V OF THE ARD
ATTEST:
Secre ry of t~e Board of
Dire hors of the Yorba Linda
County Water District
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Perpetual easements in, on, over, and across the hereinafter
described strip(s) of land in Orange County, California, to
install, construct, reconstruct, remove and construct parallel
lines, inspect, maintain, repair, replace, improve, relocate,
and remove a pipeline or pipelines, with incidental appurtenances
and connections, in, on and under said strip(s) of land, and to
use said pipeline or pipelines, appurtenances and connections,
for distribution and use of water for irrigation and domestic
purposes, together with reasonable rights of entry to said strip(s)
of land for the exercise of the foregoing rights.
Easement #101
Easement #102
Easement #103
Easement #104
Easement #105
Easement #106
Easement #107
Easement #108
Easement #109
Easement #110
described
described
described
described
described
described
described
described
described
described
more
more
more
rnore
more
more
more
more
more
more
fully on Pg. A-101
fully on Pg. A-102
fully on Pg. A-103
fully on Pg. A-104
fully on Pg. A-105
fully on Pg. A-106
fully on Pg. A-107
fully on Pg. A-108
fully on Pg. A-109
fully on Pg. A-110
In addition to the foregoing rights in the described stip(s) of
land,a temporary construction easement in, over and across a
strip of land 30' in width north of the northerly boundary of
Easements 102, 103, 104, 105, 106, 107 and 108, and a strip of
land 30' in width southerly of the south boundaries of Easements
109 and 110.
The real property interests described as Easements 101 and 109
are already appropriated to a public use and are being acquired
pursuant to either Code of Civil Procedure Section 1240.510 or
Section 1240.610. Certain real property interests in Easements
102 through 108 and Easement 110 are already appropriated to
a public use and are being acquired pursuant to Code of Civil
Procedure Section 1240.510.
EXHIBIT "A"
•
EASEMENT #101
A-101
E 1101
0 •
DEED OF EASEMENT
North Orange County Community District, owners of the hereinafter described
strips of land in Orange County, Califonria, for good and valuable consid-
eration, receipt of which is hereby acknowledged, do hereby grant to Yorba
Linda County Water District, a public corporation, and its successors, per-
petual easements in, on, over, and across said strips of land to install,
construct, reconstruct, remove and construct parallel lines, inspect, main-
tain, repair, replace, improve, relocate , and remove a pipeline or pipelines,
with incidental appurtenances and connections, in, on and under said strips
of land, and to use said pipeline or pipelines, appurtenances and connections,
for distribution and use of water for irrigation and domestic purposes to-
gether with reasonable rights of entry to said strips of land for the exercise
of the rights herein granted.
Said strips of land are described as follows:
That portion of the north one half of Fractional Section 23, Township 3 South,
Range 9 West, San Bernardino Meridian, in the City of Yorba Linda, County of
Orange, California, more particularly described as follows:
Parcel No. 1: Permanent Easement
A strip of land 25.00 feet in width, having 12.50 feet of such width on each
side of the following described centerline:
Commencing at a point on the northerly line of the Rancho Canon de Santa Ana,
distant thereon North 89023'16" East 386.73 feet from a monument marking the
northeast corner of Filipe Yorba Allotment of Second Class Lands in the petition
of Rancho Canon de Santa Ana, as shown on a map thereof, filed in Book 2 Page
21, Records of Survey, in the office of the County Recorder of said Orange
County, said point of commencement being a point on a curve, concave westerly,
having a radiu8 of 1200.00 feet, a radial line of said curve to said point
bears South 50 57'49" East; thence N 50057'49" W. along said radial line 7.50
feet; to a point on a curve which parallel with, and 7.5 feet westerly of afore-
mentioned curve; thence northerly along last mentioned'curve, having a radius
of 1192.5 feet to a point on a line which is 12.5 feet north of and parallel
with the said northerly line of Rancho Canon de Santa Ana; said point being the
True Point of Beginning of Parcel No. l; thence westerly along said parallel
line to the northerly extension of the easterly line of Tract 7446, as record-
ed in Book 298, page 7 of Miscellaneous Maps, records of said Orange County;
thence continuing westerly along a line which is 12.50 feet north of and parallel
with the north line of said Tract 7446 and the westerly extension thereof, to a
point which is 44.50 feet easterly of the easterly boundary of Lot 1, Block 8 of
the Yorba Linda Tract as recorded in Book 5, page 18 of Miscellaneous Maps,
records of said Orange County; said point hereinafter referred to as Point "A";
thence continuing westerly along said parallel line 44.50 feet to the easterly
boundary of said Lot 1, Block 8, and the terminus of this 25 foot easement.
Parcel II: Permanent Easement
And also a strip of land 25.00 feet in width, having 12.50 feet of such width on
each side of the following described centerline; Beginning at aforementioned Point
"A"; thence northerly along a line which is 44.50 feet easterly of and parallel
with the said easterly boundary of said Lot 1 Block 8, a distance of 55.68 feet
to the terminus of this 25 foot easement.
4/27/79
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Parcel III:Permanent Easement
And also a strip of land 15.00 feet in width, having 7.50 feet of such
width on each side of the following described centerline: Beginning at
aforementioned true point of beginning of Parcel 1; thence northerly
along the previously mentione9 curve having a radius of 1192.5 feet,
through a central angle of 39 17'20" , an arc distance of 817.72 feet
to a point of tangency; thence N 0015'09" W 176.90 feet to a point 5 feet
southerly of the centerline of that 50 foot easement granted to the
Metropolitan Water District of Southern California and shown on a map
recorded in Book 74 page 37 of Records of Survey, in the office of the
County Recorder of said Orange County.
The side lines of the above described permanent easements, shall be
extended or foreshortened 'so as to intersect other side lines or property
lines.
Parcel IV: Temporary Construction Easement
The temporary construction easement, 20 feet wide, adjoins and lies
northerly of Parcel I, easterly of Parcel II, and westerly of Parcel III.
Said temporary easement to continue in effect until 30 days after the
completion of construction.
WITNESS OUR Hands the date following our signatures below:(All signatures
shall be notarized).
NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT
BY
BY
By
BY
date
date
CERTIFICATE OF ACCEPTANCE
This is to certify
Grant dated
District is hereby
and the
authorized officer.
Dated_
ate
date
that the interest in real property conveyed by the Deed or
19 , from North Orange County Community College
accepted by order of the Board of Directors on
grantee consents to recordation thereof by its duly.
By
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1;AS~:ZTENT #102
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A strip of land 20 feet wide across that parcel of land, in the City of
Yorba Linda, containing 127.951 acres as shown on that Record of Survey
as recorded in Book 97, pages 1 and 2 of Records of Survey, Orange
County, California, more particularly described as the southerly 20
feet of that 50 foot easement granted to the Metropolitan Water District
of Southern California as shown on said Record of Survey.
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EASEMENT #103
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Those strips of lend within Tract 102W in
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City of Yorba
Linda, County
of Orange, and recorded in Book 43,x, pages
18
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Miscellaneous
Maps, Records of Orange County, California
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described as
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The southerly 20 feet of that 50 foot easement, running
across a portion of said Tract 10287, which was granted
to Metropolitan Water District of Southern California
and recorded in Book 4371, {rage 316, Official Records of
said Orange County.
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LASMENT #104
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That strip of land within Tract 10285 in the City of Yorba Linda, County
of Orange, and recorded in Book 438, pages 13 through 17 of Miscellaneous
Maps, Records of Orange County, California and described as follows:
The southerly 20feet of that 50 foot easement running across said
Tract 10285, which was granted to Metropolitan Water District of
Southern California and recorded in Book 4371, page 316, Official Records
of said Orange County. _ _
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EASEMENT #105
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Said rlrWil of land It (aral d.icrib.d at lollow,: A stri1) of lalld 20 feet wide afros s a portion
of that parcel of land in the City of Yorba Linda, County of Orange, California; s(
parcel being described as that portion of the land of Samuel Kraemer, as shown on a
map thereof recorded in Book 2, page 21, Records of Survey, in the office of the
County Recorder of said Orange County, in the Rancho Canon de Santa Ana, City of
Yorba Linda, County of Orange, described as follows:
Being all that portion of that 46.384 acre parcel at the northeast corner of
future Village Center Drive and future Yorba Linda Boulevard as shown on a (nap
recorded in Book 97 page l and 2 of Records of Survey in the office of the County
Recorder of said Orange County.
Said 20 foot strip is more particularly described as the southerly 20 feet of that
50 foot easement granted to the Metropolitan Water District of Southern California,
as recorded in Book 5321 pages 448 throug 455, records of said Orange County,
California.
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LAS~~`I~ZiT #1UG
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A strip of land 20 feet wide across that parcel of land in the City of.Yorba
Linda, County of Orange, shown on that Record of Survey as recorded in
Look 98, pages 26 through 28 of Records of Survey, Orange County, California,
more particularly described as the southerly 20 feet of that 50 foot
easement granted to the Metropolitan Water District of Southern California,
the centerline of which is shown on said Record of Survey.
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EASEMENT #107
A-107
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A strip of land, 20 feet in width across that certain portion, hereinafter
described, of the second class land allotted to Prudencio Yorba as shown
on map attached to and made a part of the. Decree of Partition of the
Rancho Canon de Santa Ana rendered in Case No. 1978 of the Seventeenth Judicial
District Court of Los Angeles, California, a certified copy of which is re-
corded in Book 28 page 158 of Deeds, in the office of the Recorder of said
County of Los Angeles; said second class land being located in the City of
Yorba Linda, County of Orange, State of California; said certain portion of
said second class land bring described as follows:
Beninnino at Station 12 on the northerly boundary of said Rancho Canon-de
Santa Ana; thence south along the boundary of said Rancho 2729.30 feet to
Station 13 of said Ranchn; thence west alone the boundary of said Rancho
142.50 feet; thence S 1015' E 11,213.00 feet to the southerly boundary of
said Rancho; thence N 450 E along said southerly boundary 936.00 feet; thence
N 1045' W 13,285.00 feet to the northerly boundary of said Rancho; thence
N 88030' W along said northerly boundary 472.30 feet to the point of beginning.
EXCEPT the northerly 31 acres thereof conveyed to Lydia Dominguez by deed
recorded March 14, 1911 in Book 184, page 248, of Deeds, in the office of
the Recorder of said County of Orange.
ALSO EXCEPT that portion thereof lying southerly of a line which bears due
east from a point which is west 142.50 feet and S l0 45' E 5800 feet from said
Station 13.
Said 20 foot strip is described as the southerly 20 feet of that portion of
that casement, 50 fret wide, granted to the Metropolitan Water District of
Southern California, lying within the hounds of the above described property,
and fully described in Book 3000, pages 291 and 292 of Deeds, in the offices
of the Recorder of said County of Orange..
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A strip of land 20 feet wide across that parcel of land, in the City of
Yorba Linda, County of Orange, shown on that Record of Survey as recorded
in Book 97, pages 11 and 12 of Records of Survey, Orange County, California,
more particularly described as the southerly 20 feet of that 50 foot easement,
granted to the Metropolitan Water District of Southern California, said
easement being fully described in Book 6139, pages 20o and 209 Official
Records of said Orange County.
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EASLZMIvr 4109
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That portion of the second class land alloted to Prudencio Yorba as shown on map
attached to and made part of Decree of Partition of the Rancho Cannon De Santa Ana
rendered in Case No. 1978 of the Seventeenth'Judicial District Court of Los Angeles
County, California, a certified copy of which is recorded in book 28, page 158 of
Deeds in the Office of the Recorder of said County of Los Angeles; said second class
land being recorded in the County of Orange, State of California.
An easement for water pipeline purposes described as follows: All that portion of
land lying southerly of the following described line within Parcel 1, hereinafter
described.
Commencing at the northeasterly corner of said above-described certain portion of
said second class land; thence, South 1°45' East along the easterly line of said
certain portion to a point in the center line of that certain permanent easement,
Z O feet wide, conveyed to The Metropolitan Water District of Southern California by
deed recorded in Book 6139, page 200, of Official Records in the office of said
Recorder of said County of Orange: thence, westerly along said last-mentioned center
line to a point on that certain course in description of said above-mentioned center
line having a bearing and distance of North 80°02'44" West, 781.28 feet, said last-
mentioned point being distant theron South 80°02'44" East, 102.31 feet from the
westerly terminus therof, the said point being on the easterly boundary of Parcel 1,
Olinda Pressure Control Structure as described in book 11428, page 937-39 of Official
Records in the Office of the Recorder of Orange County, California; thence, South
9°57'16" West along said easterly boundary 10.00 feet to the True Point of Beginning;
thence, North 80°02'44" West, 6.21 feet to an angle point, thence South 54°57'16" West,
17.68 feet to an angle point, thence North 80°02'44" West, parallel and 15.00 feet
northerly of the southerly boundary of aforementioned Parcel 1, 97.58 feet to an angle
point, thence North 35°02'44" West, 17.68 feet to an angle point, thence North 80°02'44'
West, 6.21 feet to a point, said point being in the westerly boundary line of said
Parcel 1, containing 0.05 acres, more or less.
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50APERMA AIEN T EASEME/.
OR. 6/39/200
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YORBA LINDA COUNTY WATER DISTRICT
WATER LINE EASEMENT
EXHIBIT "B'
J_ Al M. 4/23/7,
00
EASEMENT #110
00
A-110
00
00
That portion of the second class land alloted to Prudencio Yorba as shot•;n on
map attached to and made part of Decree of Partition of the Rancho Cannon De
Santa Ana rendered in Case No. 1978 of the Seventeenth Judicial District Court
of Los Angeles County, California, a certified copy of which is recorded in
Book 28, page 158 of Deeds in the Office of the Recorder of said County of
Los Angeles; said second class land being recorded in the County of Orange,
State of California.
An easement for water pipeline purposes, over a strip of land 20 feet wide
lying 10.00 feet, measured at right angles, on each side of the following
described center line:
Commencing at the northeasterly corner of said above-described certain portion
of said second class land: Thence, South 1045' East along the easterly line of
said certain portion to a point in the center line of that certain permanent
easement, 50 feet wide, conveyed to The Metropolitan Water District of Southern
California by deed recorded in Book 6139, page 200, of Official Records in the
office of said Recorder of said County of Orange; thence, westerly along said
last-mentioned center line to a point on that certain course in description of
said above-mentioned center line having a bearing and distance of North 80002'
44" hest, 781.28 feet, said last-mentioned point being distant thereon South
80002'44" East, 102.31 feet from the westerly terminus thereof, the said point
being on the easterly boundary of Parcel 1, Olinda Pressu.re Control Structure
as described in book 11428, page 937-39 of Official Records in the Office of
the Recorder of Orange County, California; thence, South 9057'16" West along
said easterly boundary 25.00 feet o a point in the south boundary of said
permanent easement; thence South 80 02'44" East 26.64 feet along said south
boundary to the True Point of Beginning; thence South 54057'16" West, 31.82 feet
to an angle point; thence North 80002'44" West, parallel and 10.00 feet,
southerly of the southerly boundary of aforementioned Parcel 1, 143.2° feet to
an angle point; thence North 35002'44" West, to the southerly boundary of that
certain permanent easement 20 feet wide conveyed to Yorba Linda County Water
District by deed recorded in Book 13054, Page 1287-88, of Official Records in
the office of said Recorder of said Orange County, excepting therefrom- that
portion lying within the dedicated street right of way of San Antonio Road.
The side lines of said above-described 20-foot wide easement shall be prolonged
tr shortened so as to terminate at the beginning and end of each course.
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YORBA Ir~ATER L /NE
,
State of California )
ss
County of Orange )
I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba
Linda County Water District, do hereby certify that the foregoing resolution
was duly adopted by the Board of Directors of said District at a regular
meeting of said Board, duly held on April 26, 1979, and that it was so
adopted by the following called vote:
Ayes: Directors Howard Lindow, Art Korn, Fred Clodt, Whit Cromwell
and M. Roy Knauft, Jr.
Noes: None
Absent: None
Abstain: None
SEAL
Je E. Mathews, Secretary
Board of Directors
Yorba Linda County Water District